Appeal No. 2005-1516
Application No. 09/182,645
Another Issue
On the record before us we do not find that the examiner has set forth sufficient
facts to establish a prima facie case of obviousness in view of Kim. Upon return of the
application, we recommend that the examiner review the disclosure of Kim to determine
if it supports a prima facie case of anticipation based upon the principles of inherency in
view of Tanuma 1.
In particular, unlike Wang, Ning and Wen, Kim describes an ethanol extract of
ginseng for the treatment of ischemic hearts. Tanuma 1, page 4, shows a method
involving an ethanol extraction of ginseng which results in the production of lignin
glycoside. Upon return of the application it is recommended that the Examiner carefully
review the full disclosure of Kim, and determine whether a prima facie case of
anticipation or obviousness should be made in view of the teachings of Tanuma 1 and
2.
CONCLUSION
Therefore, the rejection for lack of enablement is reversed. Rejections I-III above
of claims 46-49 are reversed. The application is returned to the examiner for further
consideration of the patentability of the claims over Kim as evidenced by the teachings
of Tanuma 1 and 2.
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